ECHR Says Turkey Failed to Comply with Ruling to Release Philanthropist

A protestor holds a placard reading "Don’t obey" in front of the Istanbul Caglayan Court House in support for jailed Turkish businessman and philanthropist Osman Kavala, in Istanbul, Turkey, 26 April 2022. (EPA)
A protestor holds a placard reading "Don’t obey" in front of the Istanbul Caglayan Court House in support for jailed Turkish businessman and philanthropist Osman Kavala, in Istanbul, Turkey, 26 April 2022. (EPA)
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ECHR Says Turkey Failed to Comply with Ruling to Release Philanthropist

A protestor holds a placard reading "Don’t obey" in front of the Istanbul Caglayan Court House in support for jailed Turkish businessman and philanthropist Osman Kavala, in Istanbul, Turkey, 26 April 2022. (EPA)
A protestor holds a placard reading "Don’t obey" in front of the Istanbul Caglayan Court House in support for jailed Turkish businessman and philanthropist Osman Kavala, in Istanbul, Turkey, 26 April 2022. (EPA)

Europe's top rights court said on Monday Turkey had not complied with a ruling that called for the release of philanthropist Osman Kavala, moving further in a process that could lead to Ankara's suspension from the Council of Europe (CoE).

The Committee of Ministers of the CoE, which oversees the implementation of the European Court of Human Rights (ECHR) rulings, referred the case back to the court in February.

Kavala, who has been in jail for nearly five years, has since been convicted of attempting to overthrow the government and was sentenced to life in prison without parole in April.

Seven others were sentenced to 18 years for aiding him in what critics said was a political trial aimed at criminalizing nationwide demonstrations in 2013, known as the Gezi protests, the biggest popular challenge to then-premier Tayyip Erdogan.

The Grand Chamber of the ECHR ruled on Monday that Turkey had violated the European Convention on Human Rights by not releasing Kavala in line with the court's previous ruling.

The court said the new indictment brought against Kavala after the ECHR ruling in Dec. 2020 did not contain any substantial facts and that "the investigating authorities had once again referred to numerous acts which were carried out entirely lawfully".

It added that Kavala was still in detention despite three decisions for his release and one acquittal, ordering Turkey to pay him 7,500 euros ($7,600).

The Turkish Foreign Ministry said the ruling was disappointing and it expected the Committee of Ministers to act without bias and with common sense during the following proceedings.

The ECHR ruled more than two years ago that Kavala should be released immediately and said his detention served to silence him, but Turkish courts have kept him in jail.

The ECHR's ruling on Monday is the latest step in the so-called "infringement proceedings" which could lead to Turkey's suspension from the CoE, of which it is a founding member.

As the next step in the process, the Committee of Ministers will decide on what measures to take as a result of Turkey's failure to comply with the ECHR ruling.

Legal experts say Turkey's removal from the CoE would lift the protection afforded on citizens by the European Convention on Human Rights as well as the ECHR.

Erdogan, who is now president, has said Turkey will not respect the CoE if it does not respect rulings by Turkish courts. He also said the ECHR ruling on Kavala does not apply after he was convicted.

The Gezi trial was seen as symbolic of the crackdown on dissent under Erdogan's rule, as well as the use of the judiciary to punish his opponents. Erdogan and his AK Party say Turkish courts are independent.



Dutch See Options for Netanyahu to Visit Despite ICC Arrest Warrant

 Netherlands' Prime Minister Dick Schoof talks during a press conference at the Ministry of General Affairs, in The Hague on November 11, 2024. (AFP)
Netherlands' Prime Minister Dick Schoof talks during a press conference at the Ministry of General Affairs, in The Hague on November 11, 2024. (AFP)
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Dutch See Options for Netanyahu to Visit Despite ICC Arrest Warrant

 Netherlands' Prime Minister Dick Schoof talks during a press conference at the Ministry of General Affairs, in The Hague on November 11, 2024. (AFP)
Netherlands' Prime Minister Dick Schoof talks during a press conference at the Ministry of General Affairs, in The Hague on November 11, 2024. (AFP)

Dutch Prime Minister Dick Schoof on Friday said there could be options for Israel's Prime Minister Benjamin Netanyahu to visit the Netherlands without being arrested, despite the International Criminal Court's (ICC) arrest warrant against him.

His words seemed to tone down a previous stance by his foreign minister Caspar Veldkamp, who last week in parliament said the Netherlands fully cooperates with the ICC, explaining that meant "we act on arrest warrants for people who are on Dutch territory".

Schoof on Friday said there were still scenarios within the Netherlands' duties towards the ICC in which Netanyahu would not be arrested, depending on the reason of his visit.

"The most important thing is that we have obligations that come from the treaty (on which the ICC is based), and that we comply to them," Schoof said at a news conference.

"In light of that, we would have to see how we act when the prime minister of Israel were to come to the Netherlands. There are possible scenarios, also within international law, in which he would be able to come to the Netherlands without being arrested."

Schoof did not elaborate on the circumstances under which Netanyahu could come. Last week he said it might be possible for Netanyahu to visit an international organization located in the Netherlands, such as the UN watchdog for chemical weapons OPCW, without being arrested.

The Netherlands is also host nation to the ICC, which is located in The Hague.

The ICC issued arrest warrants last week for Netanyahu, his former defense chief Yoav Gallant and a Hamas leader, for alleged war crimes and crimes against humanity in the Gaza conflict.

Though all EU member states are signatories to the ICC's founding treaty, France said on Wednesday it believed Netanyahu had immunity to actions by the ICC, given Israel has not signed up to the court statutes.

Italy has said it is not feasible to arrest Netanyahu as long as he remains head of Israel's government.

Israel, which launched its offensive in Gaza in response to Hamas's deadly attack on southern Israeli communities on Oct. 7, 2023, has said it will appeal against the warrants for Netanyahu and Gallant.